Naturalization & Derivative Citizenship

There are two paths to United States citizenship. Citizenship is acquired either under the Constitution or by federal statute. Anyone born in the United States automatically becomes a citizen under the Fourteenth Amendment. A person born outside the United States may have a statutory right to derivative citizenship through a citizen parent under the Immigration and Nationality Act.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write, and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and,
• favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Derivative Citizenship is citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met. All individuals born in the United States and subject to its jurisdiction of the United States are citizens (e.g., children of diplomatic officials, etc.). Still, other individuals born outside the United States may claim United States citizenship derivatively from a parent who at the time of the individual's birth was a United States citizen. Depending upon the facts in the case, including the date of birth of the applicant, American law applies varying standards of proof, including the legitimacy of children born out-of-wedlock, and the amount of required physical presence in the United States by the parent through whom the citizenship is claimed. A person born outside the U.S. has the burden of proof in claiming acquisition of U.S. citizenship.

Millar & Smith, PLLC has assisted many people in claiming U.S. citizenship. We provide full service representation for filing, test and interview preparation, and defending against actions and requests for evidence (RFEs) from the government. Our immigration attorneys guide the case through processing to ensure proper handling. Contact us for more information or to start your case.